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Session Laws, 1971
Volume 707, Page 1130   View pdf image
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1130                             Laws of Maryland                      [Ch. 504

of any bulk oil in the State; imposing a penalty for failure to post
said bond; providing that the compensatory fee collectible from a
person responsible for oil spillage shall cover the cost of eliminating
the residue of oil spillage and the cost of restoring areas damaged
by the spillage to their original condition; and providing that the
person responsible for oil spillage shall be liable to any other person
for any damages to his real or personal property directly caused by
the spillage; and relating generally to oil discharge and oil spillage
in Maryland waters.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 29AB and 29BC be and they are hereby added to
Article 96A of the Annotated Code of Maryland (1964 Replacement
Volume and 1970 Supplement), title "Water Resources," subtitle
"Pollution Abatement," to follow immediately after Sections 29A and
29B thereof; and to repeal and re-enact, with amendments. Section
29B of Article 96A of the Annotated Code of Maryland (1964 Replace-
ment Volume and 1970 Supplement), same title and subtitle thereof,
and all to read as follows:

29AB.

(a)    Any EXCEPT FOR A VESSEL CARRYING OR RE-
CEIVING TWENTY-FIVE (25) BARRELS OF OIL OR LESS,
ANY vessel, whether or not self-propelled, in or entering upon
the waters of the State for the purpose of discharging or receiv-
ing a .cargo of any bulk oil in the State shall post a bond
with the Maryland Port Authority or the Department of Nat-
ural Resources of at least twenty-five thousand dollars ($25,-
000.00) ONE HUNDRED DOLLARS ($100.00) PER GROSS
TON OF OIL CARGO to the State. The bond shall be in a form
approved by the Authority or AND the Department and may
be obtained individually or jointly by the vessel, its owner
or agent, its charterer, or by the owner or operator of the
terminal at which the vessel discharges or receives the bulk oil.
If the Authority or the Department determines that oil has been dis-
charged or spilled into the waters of the State from the vessel, the
bond shall be forfeited, REGARDLESS OF ANY ATTRIBUTED
FAULT
, to the extent of the costs incurred by the Authority or
the Department in eliminating the residue of the oil discharge or
spillage, to the extent of damage caused to the natural and rec-
reational resources of the State, and to the extent of any other-
wise uncollectible fines levied against the vessel, its owner or agent,
its charter, or the owner or operator of the terminal at which
the vessel discharges or receives the bulk oil. The remedies provided
in this section shall be in addition to all other remedies available.
No bond shall be released without certification by the Authority or
the Department that the vessel has not been a source of oil discharge
or spillage into the waters of the State. WHERE A VESSEL HAS
PRESENTED ADEQUATE EVIDENCE OF FINANCIAL RE-
SPONSIBILITY TO THE FEDERAL GOVERNMENT, IT SHALL
BE EXEMPT FROM THE MARYLAND PROVISIONS REQUIR-
ING THE POSTING, AND FORFEITURE, ON CERTAIN CON-
DITIONS OF A BOND.

(b)    Any vessel in the waters of the State for the purpose of dis-
charging, or which receives, cargo of bulk oil without being bonded as
provided in subsection (a) of this section, and the owner, agent, and


 

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Session Laws, 1971
Volume 707, Page 1130   View pdf image
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